Constitution and By-Laws. Mount Olive Evangelical Lutheran Church

Transcription

1 Constitution and By-Laws of Mount Olive Evangelical Lutheran Church

2 TABLE OF CONTENTS Constitution Preamble... Page 1 ARTICLE I Name... Page 1 ARTICLE II Purpose... Page 1 ARTICLE III Confessional Basis... Page 2 ARTICLE IV Spiritual Headship... Page 3 ARTICLE V Lutheran Church-Missouri Synod Affiliation... Page 3 ARTICLE VI Membership... Page 3 ARTICLE VII Doctrinal Literature... Page3 ARTICLE VIII Organization Page 4 ARTICLE IX Called Workers... Page 5 ARTICLE X Removal from Office... Page 5 ARTICLE XI Church Discipline... Page 6 ARTICLE XII Property Rights... Page 6 ARTICLE XIII Quorum for Decisions... Page 7 ARTICLE XIV Amendments... Page 7 BY-LAWS ARTICLE 1 Baptized Membership... Page 8 ARTICLE 2 Confirmed Membership... Page 8 ARTICLE 3- Transferred Membership... Page 9 ARTICLE 4 Voting Membership... Page 9 ARTICLE 5 Termination of Membership... Page 9 ARTICLE 6 Vision Assembly... Page 10 ARTICLE 7 Called Workers and Other Workers... Page 10 ARTICLE 8 Officers... Page 11 ARTICLE 9 Election of Officers... Page 12 ARTICLE 10 Mission and Ministry Council... Page 13 ARTICLE 11 Authority of the Mission and Ministry Council... Page 14 ARTICLE 12- Duties of the Mission and Ministry Council... Page 14 ARTICLE 13- Amendments... Page 15 ARTICLE 14- Federal Tax Provisions... Page 15 ARTICLE 15 Miscellaneous... Page 16 ARTICLE 16 Captions, Gender, and Plurals... Page 17 APPROVED BY VISION ASSEMBLY OCTOBER 10, 2002 APPROVED BY MN SO DIST BD OF DIRECTORS SEPTEMBER 9, 2003

3 CONSTITUTION OF MOUNT OLIVE EVANGELIEL LUTHERAN CHURCH ALSO KNOWN AS MOUNT OLIVE EVANGELICAL LUTHERAN CHURCH ANOKA, MINNESOTA Preamble The word of God conforms a Christian congregation in doctrine and practice (Psalm119:105, Galatians 1:6-8), and demands that all things be done decently and in order (1 Corinthians 14:40). Therefore, we the members of Mount Olive Evangelical Lutheran Church, Anoka, Minnesota, set forth this Constitution and Bylaws to govern all congregational affairs. ARTICLE I Name The name of this congregation shall be Mount Olive Evangelical Lutheran Church of Anoka, Minnesota. The purpose of this congregation shall be: A. To worship the Triune God. ARTICLE II Purpose Come let us bow down in worship, let us kneel before the Lord our Maker; for He is our God and we are the sheep of His pasture, the flock under His care. (Psalm 95:6-7) B. To build one another in Christian growth. Speaking the truth in love, we will in all things grow up into Him who is the head, that is, Christ. From Him the whole body, joined and held together by every supporting ligament, grows and builds itself up in love as each part does its work. (Ephesians 4:15-16) C. To proclaim repentance and forgiveness of sins through the blood of Jesus Christ to all nations. Then Jesus came and said to them, All authority in heaven and on earth has been given to me. Therefore go and make disciples of all nations, Baptizing them in the name of the Father and of the Son and of the Holy Spirit, And teaching them to obey everything I have commanded you. And surely I am with you always, to the very end of the age. (Matthew 28:18-20) And that repentance for forgiveness of sins would be proclaimed in His name to all the nations, beginning from Jerusalem. (Luke 24:47) Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

4 We will: 1. Keep and maintain the true faith by preaching the whole counsel of God 2. Administer the sacraments 3. Provide Christian instruction according to the confessional standard stated in Article III 4. Foster the growth of Christian evangelism, missions, fellowship and works of love 5. Fulfill the Great Commission to make disciples by going, baptizing, teaching, and living the Great Commandment to love our neighbor as Jesus loves us 6. Guide all people into a growing relationship with our Lord through Worship (Encountering Christ s Presence), Welcome (Extending Christ s Care), Word (Tapping Christ s Power as revealed in the Bible), Work (Fulfilling Christ s Purpose), and Witness (Carrying Out Christ s Commission). Our mission in everything we do is: Living to Love People to Christ. ARTICLE III Confessional Basis This congregation accepts and acknowledges all the canonical books of the Old and New Testaments as the inspired and inerrant Word of God and all the symbolical Books of the Evangelical Lutheran Church contained in the Book of Concord (1580) as a true and sound exhibition of Christian doctrine taken from and in full agreement with the Holy Scriptures; and in this congregation no doctrine shall be taught or tolerated which is at variance with these Confessions as contained in: 1. Three Ecumenical Creeds a. Apostolic b. Nicene c. Athanasian 2. Unaltered Augsburg Confession 3. Apology of the Augsburg Confession 4. The Smalcald Articles 5. Treatise on the Power and Primacy of the Pope 6. Luther's Small Catechism 7. Luther's Large Catechism 8. Formula of Concord. According to this norm of doctrine all doctrinal controversies which may arise in this congregation shall be decided by the spiritual headship of the Church and adjudicated by the procedures of the Lutheran Church Missouri Synod when deemed necessary by the Senior Pastor or by a two-thirds majority of the Commission of Elders. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

5 ARTICLE IV Spiritual Headship Recognizing that Christ is the Head over all things (Ephesians 1:22), for this congregation, spiritual headship shall consist in shepherding the congregation to remain true to the Word of God and to this Constitution, particularly as defined by Article III. And when they had ordained them elders in every church, and had prayed with fasting, they commended them to the Lord, on whom they believed. (Acts 14:23) That thou shouldest set in order the things that are wanting, and ordain elders in every city, as I had appointed thee. (Titus 1:5) Spiritual headship of the congregation shall be vested in the Senior Pastor and in a Commission of Elders. Subordinately it shall be vested in such associate or assistant pastors as the congregation may call. ARTICLE V Lutheran Church-Missouri Synod Affiliation This congregation shall be affiliated with the Lutheran Church-Missouri Synod as long as the confessions and constitution of the Lutheran Church-Missouri Synod are in accord with the confessions and Constitution of this congregation as laid down in Article III. Termination of membership in the Lutheran Church Missouri Synod must be determined on basis of a unanimous recommendation by the Commission of Elders. Two meetings will be held, the first to discuss the recommendation and the second to vote on the recommendation. The recommendation must be ratified by a two-thirds majority vote of the Vision Assembly. ARTICLE VI Membership The membership of this congregation includes the baptized members, confirmed members, and voting members as defined in the Bylaws (Articles 1, 2, 3, and 4). ARTICLE VII Doctrinal Literature Hymns, songs, prayers, and orders of service used in all public services of the congregation and all ministerial acts must conform to the confessional standard in Article III. All classes of instruction in Christian Doctrine shall also conform to this standard. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

6 ARTICLE VIII Organization A. Vision Assembly The Vision Assembly shall consist of all voting members present at a regular or special meeting of the congregation. The congregation, through the Vision Assembly, shall have final authority in managing its internal and external affairs. B. Commission of Elders Members of the Commission of Elders shall be chosen and called from among the adult male voting members of the congregation on the basis of the qualities for Elders found in I Timothy 3:1-7 and Titus 1: 5-9, and on an expressed desire and willingness to serve on the part of the man so called.. A Commission of Elders shall consist of men selected by the Senior Pastor and the Commission of Elders and approved by the Vision Assembly. Paul and Barnabas appointed elders for them in each church and, with prayer and fasting, committed them to the Lord, in whom they had put their trust. (Acts 14:23) Keep watch over yourselves and all the flock of which the Holy Spirit has made you overseers. Be shepherds of the church of God, which He bought with His own blood, (Acts 20:28) (See also Titus 1:5-9, 1 Timothy 3:1-7) The duties of the Commission of Elders shall be: 1. Strengthen and enhance the spiritual welfare of the members, both individually and corporately 2. Strengthen and enhance the spiritual welfare of the staff 3. Supervise the worship life of the congregation 4. Assure adherence to the teaching and confessions of the congregation as listed in Article III. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

7 C. Mission and Ministry Council The Mission and Ministry Council is responsible to administer all the congregation s affairs except the following matters for action only by the Vision Assembly: 1. Call or remove a called worker or Elder 2. Purchase or sell church property or buildings valued over 10% of the annual work program 3. Adopt the annual work program 4. Dissolve the congregation 5. Revise or rescind the Constitution or Bylaws. 6. Carry out removal from membership. D. Officers and Mission and Ministry Council members The Officers of this congregation shall be such officers as the Bylaws of this Constitution prescribe. The Officers and Mission and Ministry council members prescribed in the Bylaws shall have no authority beyond that which has been conferred upon them in the Constitution or Bylaws. ARTICLE IX Called Workers Calls will only be issued to such candidates who are approved by the Lutheran Church-Missouri Synod so long as the congregation remains affiliated with the Lutheran Church, Missouri Synod, in accordance with Article V. ARTICLE X Removal from Office A. The Vision Assembly may request the resignation of any called and/or elected or appointed staff member or Officer from his/her position in the congregation in the case of prolonged incapacity or general incompetence. B. Any Pastor, DCE, Elder, Called Worker, or Officer may be removed from office by the Vision Assembly by a two-thirds majority secret ballot vote, in Christian and lawful order, for one of the following reasons: persistent adherence to false doctrine, scandalous life, willful neglect of duties, prolonged incapacity, or general incompetence. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

8 ARTICLE XI Church Discipline Church discipline will always be carried out by the Senior Pastor and Commission of Elders in reverence for Christ and His church, and with compassion for the erring member, yearning for the eternal welfare of his/her soul. Such discipline will follow the guidelines given by our Lord in Matthew 18, always with the goal of regaining the one who is separating himself/herself from the church through an impenitent life. Should excommunication become necessary, such action may only be carried out by the Vision Assembly. "If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over. But if he will not listen, take one or two others along, so that 'every matter may be established by the testimony of two or three witnesses.' If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector. "I tell you the truth, whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven. (Matthew 18:15-18) ARTICLE XII Property Rights If, at any time, a separation shall take place within this congregation, the advice of the officers of Lutheran Church-Missouri Synod shall be sought. If, despite all efforts to resolve differences in peace and love, a division into factions of the congregation shall occur, the property of the congregation and all benefits connected shall remain with those who continue to adhere to the confession and practice in Article III of the Constitution. If both parties continue to adhere to the confession and practice in Article III and both parties fail to reach agreement after denominational attempts to negotiate a settlement, then the property of the congregation and all benefits shall remain with the majority. In the event that the congregation dissolves, then after paying all debts and claims against the congregation the remaining assets will be transferred to: A. The Minnesota South District of The Lutheran Church-Missouri Synod or its successor organization. B. If no district exists, then transfer will be to The Lutheran Church-Missouri Synod. C. If the Lutheran Church-Missouri Synod does not exist, then transfer to the tax-exempt, notfor-profit organization designated by a majority of the voters. With respect to items A. and B. above, these provisions are warranted assuming the congregation remains affiliated with the LCMS, per Article V. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

9 ARTICLE XIII Quorum for Decisions All congregational matters decided by the Vision Assembly shall be decided by a simple majority of the voting members present at a properly convened meeting of the Vision Assembly, except as otherwise provided in this Constitution and Bylaws. (See Bylaw Article 6.C.) ARTICLE XIV Amendments This Constitution may be amended, with the exception of Article III that is irrevocable. The wording of the amended Constitution shall be distributed to the congregation assembled for worship on two consecutive weeks prior to the date upon which the amendment is presented for action. Two meetings will be held within days of each other. The first meeting is to discuss the amendment(s) and the second meeting is to vote on the amendment(s). The amendment(s) must be ratified by a two-thirds majority vote of the Vision Assembly. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

10 BYLAWS OF MOUNT OLIVE EVANGELICAL LUTHERAN CHURCH ANOKA, MINNESOTA ARTICLE 1 Baptized Membership Baptized members are all persons within the congregation who have been baptized in the name of the Triune God and come under the pastoral care of this congregation. It is expected that all baptized members will: A. Attend worship services faithfully and regularly. B. Lead a Christian life as taught in Galatians 5: C. Out of Christian love, submit to brotherly admonition, according to Matthew 18, when having erred or offended. D. Contribute, as God has blessed them, of their time, talents and treasure toward the maintenance of the congregation and the extension of the church at large (1 Peter 4:10, 2 Corinthians 9:6-7). E. In due time, take a course of instruction in preparation for confirmed membership in this congregation (Matthew 28:19-20, 1 Corinthians 11:27). F. Not be members of a secret society, lodge, or other organization conflicting with the Word of God as defined or designated by the Lutheran Church Missouri Synod. ARTICLE 2 Confirmed Membership Confirmed members are all baptized persons within the congregation who have completed a course of instruction in Christian doctrine that meets with the approval of the Senior Pastor and Commission of Elders. In addition to the duties of baptized members, it is expected of all confirmed members that they: A. Accept the confessions of faith listed in Article III of the Constitution. B. Familiarize themselves with the doctrines of the Lutheran Church-Missouri Synod. C. Partake of the Lord's Supper (1 Corinthians 11:23-29). Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

11 D. Participate in continuing Christian education (2 Peter 3:18). E. Provide for the Christian training of their children in the home (Ephesians 6:4) and by making use of the educational opportunities of the congregation (Proverbs 22:6). ARTICLE 3 Transferred Membership Transfer of membership includes such persons who present a valid letter or certificate of transfer from a sister Lutheran congregation, that they have been baptized and have confirmed their faith in Jesus Christ and who profess their intention of faithfulness to Scripture and the Lutheran faith. ARTICLE 4 Voting Membership Voting membership shall be confirmed members in accordance with this Constitution who have attained the age of 17 years (except when prohibited by state or federal law). A. Transfers ARTICLE 5 Termination of Membership A member desiring transfer to another congregation of the Lutheran Church-Missouri Synod or a congregation in fellowship with the LCMS shall make that fact known to the Church Office. The Senior Pastor and the Commission of Elders shall initiate a letter of transfer to the receiving congregation. B. Whereabouts unknown or moved For people whose whereabouts are unknown or who have moved from the area, their membership is to be determined by the Senior Pastor and the Commission of Elders. C. Self Exclusion A member shall be self-excluded when unresponsive to the witness and ministry of the church as determined by the Senior Pastor and the Commission of Elders. D. Releases Release of Membership includes those who are members in good standing and who desire to affiliate with another Christian church, but which is not in fellowship with the LCMS. Such members shall receive a release from Mount Olive Lutheran Church if efforts to counsel them regarding the doctrinal differences within the denominations have failed to deter them from leaving. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

12 E. Excommunication Should an erring member not respond to Church Discipline (Article XI) and refuses to repent; his/her membership shall be presented to the Vision Assembly for excommunication. The member must be advised of the action of the Vision Assembly in person and in writing with the assurance that upon repentance he/she will be restored to membership with joy and thanksgiving. ARTICLE 6 Vision Assembly A. The Vision Assembly shall meet at least twice a year. The spring meeting will include discussion and ratification of the next fiscal work program to coincide with our July 1 June 30 fiscal year. Election of Officers and other Mission and Ministry Council members will take place each fall with such positions being filled the following January. The day and hour of the meetings shall be set by the Mission and Ministry Council and publicized at least one month in advance. The notification shall contain an agenda of items to be considered as well as the slate of nominees for election. B. The Vision Assembly may meet at other times of the year subject to a call by the congregation President, Mission and Ministry Council, or the Senior Pastor. Notice of any such special meeting shall be publicized as far in advance as possible, but no less than two weeks in advance. The notice shall contain an agenda of items to be considered. No agenda items may be added once notification of any meeting is publicized. The President, Vice President, or their designated Mission and Ministry Council member shall preside at all Vision Assembly meetings. C. A quorum is 30 voting members present to conduct the business of the Vision Assembly. D. Use Roberts Rule of Order applied with Christian courtesy and charity as a guide to govern all meetings of the Vision Assembly. A. Office of Called Worker ARTICLE 7 Called Workers and Other Workers 1. The office of Pastor in this congregation and that of Called Workers shall be conferred only upon such ministers, teachers, and candidates who profess and adhere to the Confession of the Church (Article III) and who have been declared eligible for call by the Synod. Pastors and Called Workers shall, in the call extended and accepted by them, be pledged to this confessional standard. 2. Contract Teachers shall be hired by the School Ministry Team or its successor, and shall be pledged to the Confessions of the Church (Article III). 3. Approval to establish any new position shall be obtained from the Vision Assembly. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

13 B. Calling into Office for Called Workers 1. After authorization is received from the Vision Assembly, the Mission and Ministry Council shall create a Call Committee. At least half of the Call Committee members shall not also be members of the Mission and Ministry Council. 2. The Call Committee shall consult with those in the affected ministry area and with the LCMS as part of their efforts to secure the names of candidates. 3. The Call Committee will present a final list of candidates to the Vision Assembly for issuance of the call. C. Other Compensated Workers Approval of a newly established position is required from the Vision Assembly. The hiring or removal of a non-called position shall be the responsibility of the ministry or group requesting such a change. D. Removal from Office of Called Workers See Article X of the Constitution. A. President ARTICLE 8 Officers 1. Preside at all meetings of the Vision Assembly and the Mission and Ministry Council. 2. Appoint any necessary committees, task groups or action teams in consultation with the Mission and Ministry Council. 3. Enforce the Constitution and Bylaws. 4. Perform the general duties as are common for the office, including such additional duties as may be directed by the Vision Assembly from time to time. 5. The President of the congregation shall be male. B. Vice President 1. Perform all of the duties of the President in the President s absence and such other additional duties which may be directed by the Vision Assembly or by the President from time to time. 2. Chair and appoint a Nominating Committee with the advice and consent of the Mission and Ministry Council. 3. The Vice President of the congregation shall be male. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

14 C. Secretary 1. The duties shall be those commonly required of that office, especially the keeping and preserving of accurate records of all Vision Assembly meetings, and handling such correspondence as the congregation may require. 2. Keep and make available the minutes of all Mission and Ministry Council meetings. D. Treasurer 1. Oversee the preservation of accurate records of all receipts and disbursements, and submit a written report of them at all regular meetings of the Vision Assembly. 2. Assure accuracy and propriety of all financial transactions of the congregation. A. Nomination: ARTICLE 9 Election of Officers The Vice President of the Vision Assembly shall annually appoint a Nominating Committee whose responsibility will be to develop a slate of candidates for officers and Mission and Ministry Council members to be elected each year during the fall Vision Assembly. The committee shall contain a majority of people who are not on the Mission and Ministry Council, shall function for one year only, and shall report their nominations to the Vision Assembly. The Senior Pastor shall be an ex officio member of the Nominating Committee. All nominees shall be voting members noted for their Christian knowledge, zeal, and experience in the spiritual work in the Kingdom. Officers may not receive compensation from the congregation. Specific criteria for elected officers shall be outlined by the Nominating Committee prior to accepting any nominations. In addition to the Nominating Committee's slate of candidates, any voting member may nominate candidates. Such nominations shall be called for in the Vision Assembly meeting prior to the time that nominations are closed. B. Election To be elected, candidates must receive at least fifty percent plus one of the ballots cast at the Vision Assembly. Multiple votes may be necessary. Before each subsequent vote the nominee with the lowest total will be removed from the ballot. Voting will continue in this manner until a candidate receives the required number of votes. C. Term of Office Each officer shall serve for a term of three years and shall serve no more than two full successive terms in that position without a break of at least one year. The term of office commences on each January 1 following the election to maintain order during this transitional period. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

15 ARTICLE 10 Mission and Ministry Council A. Membership The Mission and Ministry Council shall consist of five voting members elected at large by the Vision Assembly, plus the four congregational officers listed in Article 8. The President and Vice President of the congregation shall be the President and Vice President of the Council. Members of the Mission and Ministry Council may not receive compensation from the congregation, and may not serve on Commission of Elders or any group that reports directly to the Mission and Ministry Council, except a Call Committee or the Nominations Committee. The Senior Pastor is an ex officio member. B. Nomination and Election The nomination and election shall take place at the fall Vision Assembly. Those who receive the highest number of votes equal to the number of positions open shall be elected. C. Term of Office The term of office shall be three years, with approximately one-third of the Mission and Ministry Council being elected each year. Council members shall serve no more than two full successive terms in that position without a break of at least one year. The term of office commences on each January 1 following the election to maintain order during this transitional period. D. Vacancies In the event of a vacancy the Mission and Ministry Council will elect an individual to serve until the next election for that particular position. E. Meetings The Mission and Ministry Council shall meet at least quarterly and may be called more frequently at the request of the President or any three Mission and Ministry Council members. An elected officer shall be present and preside with five members of the Mission and Ministry Council to constitute a quorum for any meeting. Notice of each meeting shall be publicized. The minutes shall fully disclose all actions taken and be signed by the President or designee and Secretary. Synopsis will be published. Complete minutes of the meetings shall be available to voting members upon request. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

16 F. Removal from Office Any Mission and Ministry Council member who is unable or is willfully neglectful in the performance of his/her official duties, persistent adherence to false doctrine, scandalous life, prolonged incapacity, or general incompetence may be removed from office by the Vision Assembly. Such action shall be initiated by the Mission and Ministry Council, Commission of Elders, or Senior Pastor. ARTICLE 11 Authority of the Mission and Ministry Council The Mission and Ministry Council shall have the authority to develop policies as required to execute the goals approved by the Vision Assembly. Written policies shall be available upon request. The Council shall have no authority beyond that which has been conferred upon them by the Constitution, its Bylaws, or by the Vision Assembly. ARTICLE 12 Duties of the Mission and Ministry Council A. Duties of the Council 1. The Mission and Ministry Council shall act in all matters pertaining to the legal and general welfare of the congregation, except those reserved for the Vision Assembly in Article VIII. C. of the Constitution. 2. The Mission and Ministry Council shall see to it that all activities of the church reflect the purpose and faith of the congregation. 3. It shall concern itself with: Establishing all policies governing the activities of the congregation Implementing the mission, vision, budget, and plans adopted by the Vision Assembly. 4. The Mission and Ministry Council may appoint, oversee, and have authority over all other committees, task forces, action teams, or other entities of the congregation, except for the Commission of Elders. B. Relationship to Ministry Staff The Mission and Ministry Council s responsibilities are generally confined to establishing general operational policies. The Senior Pastor is responsible for subsidiary policy development and implementation. The Director of Church Administration oversees and administers the day-to-day operations of the church and shall report to the Senior Pastor. The Senior Pastor or his designee will provide, at minimum, quarterly reports to the Mission and Ministry Council on the status of all operations. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

17 ARTICLE 13 Amendments Amendments to these Bylaws may be made in the following manner: A. A copy of the proposed amendment shall be made available to all voting members at least four weeks prior to a Vision Assembly meeting at which the amendments will be considered. B. At this meeting the vote shall be taken on the amendment and fifty percent plus one of the voting members present vote affirmatively shall secure adoption. ARTICLE 14 Federal Tax Provisions A. Inuring Of Benefits The Church is qualified as an organization described in Section 501(c)(3) of the Code. No part of the net earnings of the Church shall inure to the benefit of or be distributable to any member of the Governing Board, officers, members or other private persons, except that the Church shall be authorized to make payments and distributions in furtherance of the purposes set forth in the Church's Constitution and these Bylaws. B. Lobbying No substantial part of the activities of the Church shall be the carrying on of propaganda or otherwise attempting to influence legislation, and any political campaign on behalf of or in opposition to any candidate for public office (including the publishing of or distribution of any statements). C. Prohibited Activities Generally Notwithstanding any other provision of these Bylaws, the Church shall not carry on any activities not permitted to be carried on (a) by a corporation described in, and exempt from federal income tax, under Section 501(c)(3) of the Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Code, or the corresponding section of any future federal tax code. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

18 D. Distribution of Assets Dissolution Upon the dissolution of the Church, assets of the corporation remaining after the satisfaction of liabilities shall be distributed as provided in Article XII of the Constitution, it being understood that such Article is intended to provide that such assets be distributed exclusively for one or more exempt purposes with the meaning of section 501(c)(3) of the Code, or the corresponding section of any future federal tax code. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction in the county in which the principal office of the Church is then located exclusively for such purposes or to such organization or organizations as said court shall determine which are organized and operated exclusively for such purposes. ARTICLE 15 Miscellaneous A. Loans No loans shall be contracted for or on behalf of the Church, and no evidence of indebtedness shall be issued in its name, except by action of the voting members of the Congregation taken in the manner provided for in Article VIII of the Constitution. B. Leases The Church shall have the power and authority to lease equipment needed to conduct the affairs of the Church and to lease land or buildings in writing on behalf of the Church either as lessor or lessee. C. Contracts The Mission and Ministry Council may authorize any one or more officers of the Church, or any one or more of its agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the church, and such authority may be general or confined to specific instances. D. Checks, Drafts, Etc. All checks, drafts, or other orders for the payment of money by the Church shall be signed by such officer or officers, agent or agents of the Church as shall from time to time be determined by resolution of the Mission and Ministry Council, or by an officer or officers of the Church designated by the Mission and Ministry Council to make such determination. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc

19 E. Deposits All funds of the Church not otherwise employed shall be deposited from time to time to the credit of the Church in such banks, trust companies or other depositories, such as Lutheran Church Extension Fund-Missouri Synod or the Lutheran Church Missouri Synod Foundation, as the Mission and Ministry Council, or such officer of officers designated by the Mission and Ministry Council, may select. F. Books, Records, and Minutes The Church shall keep correct and complete books and records of accounts and shall also keep minutes of the meetings or proceedings of its members, Mission and Ministry Council, Commission of Elders, Boards and Committees. All such books, records, and minutes shall be kept at the principal office of the Church in the State of Minnesota, and may be inspected by any member of the Congregation, or that member's agent or attorney, for any proper purpose at any reasonable time. G. Fiscal Year For accounting and related purposes, the fiscal year of the Church shall begin on the first day of July and end on the last day of June the following year, unless provided otherwise by a resolution of the Mission and Ministry Council. ARTICLE 16 Captions, Gender, Plurals Captions of sections of these Bylaws are intended for information only and are not intended to limit or modify the provisions of the sections themselves. In all cases where these Bylaws refer to a particular gender, such gender references shall be deemed to include either gender unless the context requires otherwise; and all singular terms shall include the plural and all plural terms shall include the singular unless the context requires otherwise. Mount Olive Lutheran Church Mt Olive Constitution and Bylaws doc